Yemen is currently experiencing widespread conflict and a resulting severe humanitarian emergency. Because of the dangerous conditions, the United States has granted Temporary Protected Status (TPS) for eighteen months from September 3, 2105 through March 3, 2017 for eligible nationals of Yemen residing in the United States.
The Secretary of Homeland Security may designate a country for TPS if the conditions in that country temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already here in the United States.
In light of the ongoing armed conflict within the country, the Department of Homeland Security announced on September 3, 2015 that eligible nationals of Yemen residing in the United States may apply for TPS with USCIS.
To be eligible for TPS, applicants must also have been “continuously residing” in the United States “continuously physically present” since September 3, 2015. Applicants must be able to pass a background check. Those with a criminal history or who pose a threat to national security will not be approved. Also, you may not be eligible for TPS or to maintain existing TPS if you are found inadmissible as an immigrant under applicable grounds in the Immigration and Nationality Act Section 212(a), including non-waivable criminal and security-related grounds, or if you fail to meet initial or late initial TPS registration requirements.
Lastly, once granted TPS, an individual cannot be detained by TPS on the basis of his or her immigration status in the United States. TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status. However, registration for TPS does not prevent you from: applying for nonimmigrant status, filing for adjustment based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible.
Those who are approved for TPS will not be removed from the United States and may receive an Employment Authorization Document (EAD). The 180-day TPS registration period runs through March 1, 2016.
More information can be found on the USCIS website: http://www.uscis.gov/news/dhs-announces-temporary-protected-status-designation-yemen.
If you have any additional questions or would like to schedule a consultation, please do not hesitate to contact our office at 973-542-0200.